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New Zealand law explained for everyone

Habeas Corpus Act 2001

3: Interpretation

You could also call this:

"What special words mean in this law"

Illustration for Habeas Corpus Act 2001

When you read this Act, some words have special meanings. You need to know what these words mean to understand the Act. The word "applicant" refers to the person who starts a court case.

The word "application" means asking the High Court for a special order called a writ of habeas corpus. The word "detention" means being kept in a place and not being free to leave. The phrase "habeas corpus" is a Latin phrase that refers to a special court order.

A "Judge" is a person who makes decisions in the High Court. A "Registrar" is a person who helps the Judge and can include a Deputy Registrar. The phrase "working day" has the same meaning as it does in the High Court Rules 2016.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM91760.

Topics:
Crime and justice > Courts and legal help
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2: Commencement, or

"When the Habeas Corpus Act 2001 becomes a law"

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4: Application of Act to the Crown and Parliament, or

"The government and Parliament must follow this law, but Parliament still has its own rules and powers."

3Interpretation

  1. In this Act, unless the context otherwise requires,—

    applicant means the plaintiff in an application

      application means an application to the High Court for a writ of habeas corpus

        detention includes every form of restraint of liberty of the person

          habeas corpus means habeas corpus ad subjiciendum

            Judge means a Judge of the High Court

              Registrar includes a Deputy Registrar

                working day has the same meaning as in the High Court Rules 2016.

                Notes
                • Section 3 High Court Rules: repealed, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).
                • Section 3 working day: amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).